Personal Injury Guide: What You Need to Know

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March 2022

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Law Firm of Figeroux & Associates Personal Injury Guide: What You Need to Know

Public Transportation and Bus Accidents BY LINDA NWOKE

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ew York City has one of the most complex and extensive public transportation systems across the country, serving over 15 million people. In a large and congested city like New York, most people don't use private vehicles to move around. Instead, for convenience, affordability, and swift movement, residents and tourists alike rely predominantly on public transport and transit for getting around to their various destinations. Data shows that 54% of households in New York City do not own a car and often rely on the public transport system comprising a network that encompasses buses, trains, ferries, and subways. The City's public transportation network is managed by the Metropolitan Transportation Authority (MTA) and New York City Transit. The operators of the services are required to undergo training and acquire knowledge about the rules and regulations of the industry for the protection of the passengers. Breakdown of Public Transport Usage in New York Among New York City commuters, over 35% use the subway, 11% take the bus, 7% travel by commuter rail, 22% drive alone, 9% walk to work, and 4% carpool. The number of people using taxis, cycling, or traveling by ferry remains comparatively minimal. In 2019, over 2 million riders took the bus daily, with 678 million rides annually by January 2020. NYC has around 5900 buses, plying along 234 local, 20 Select Bus Service, and 73 express bus routes within the five boroughs. Manhattan has one of the busiest routes, followed by Bronx and Brooklyn. The longest local bus route

is on Staten Island's S78 between the St George Ferry Terminal and the Bricktown Mall in Charleston. Bus Accidents in New York City As expected, with such a vast operation and complex service, managing thousands of buses daily by the Metropolitan Transportation Authority in the City, it is inevitable that accidents will occur. However, it becomes a source of concern when accidents become frequent. Various factors, ranging from inadequate training, reckless driving by MTA drivers, laxity in MTA's supervision, fatigue, poor weather conditions, careless pedestrians, can contribute to serious bus accidents in and around the City, causing injuries or death. An article from the New York Post reports that available statistics over the past three years, MTA buses were involved in more than 21,000 crashes, at an average of 23 bus accidents per day. More than ten people died within the timeframe, and over 2,500 people were injured in bus accidents. Considering the size and capacity of an MTA bus, any negligence on the part of the bus operator or the bus company can cause serious injuries, including spinal, head injury, burns, internal organ damage, amputation,

disfigurement, and death of the injured victim. The impact is often devastating, as in the case of Lance Margolin. He lost his life from the accident on April 8th, 2021, along Eastern Parkway, when an MTA bus struck a traffic camera pole that fell on him leading to his unprecedented death. The force from the weight of the camera pole caused him massive internal injuries and skull fractures. Inside the bus, there have been cases of people being injured while riding on a bus operated by New York City Transit. In some instances, bus passengers may be injured due to a driver's negligence, such as a driver failing to make a complete stop for a passenger's safe disembarking or onboarding. Other accidents can happen when a bus strikes another vehicle or a pedestrian or bicyclist. They can also malfunction due to defective equipment or poor maintenance. Thus, transit bus accidents fall into organizational Public Transport Related causes and passenger-related causes. Importance of New York Public Transportation and Bus Safety Public transportation is expected to improve road safety by reducing

vehicular traffic. Therefore, security in transit buses is crucial for passengers' confidence in the Public Transport and the companies that operate the services due to its farreaching effect on the economy and beyond. Consequently, frequent bus accidents increase the cost of operation in an industry dealing with budgetary shortfalls and low revenues, leading to a decrease in service reliability, safety, and potential settlements to victims and their families. Bus accidents can affect their opinion and usage from the passenger's perspective, requiring a campaign to raise confidence, such as the NYC Vision Zero Plan and the most recent 'Stop Let Them Cross.' What to Do If You're Hurt on NYC Public Transportation Despite the effort, injured individuals on public transportation like a Bus in New York City can become entitled to compensation for lost wages, medical bills, pain and suffering, and other losses. The authorities behind public transport have a duty of care toward pedestrians, bicyclists, and public transport users. However, if breached, they can be found liable for negligence that caused the injuries or death. For any injury victim, you should take the following steps to protect yourself if you need to file a claim. •Document: Gather evidence from the scene as photographs or videos, especially for evidence in a personal injury case. You or someone can help you achieve this using the camera on your phone. •Witnesses: If you can, try and obtain the contact information of any passerby who saw the incident. Eyewitness continued on page 4

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Should You Consult a Wrongful Death Attorney? NEW YORK CITY - JULY 14 2015: Al Sharpton staged a press conference at National Action Network headquarters with Eric Garner's family to announce action on behalf of the anniversary of Garner's death. Editorial credit: a katz / Shutterstock.com

BY CHRIS TOBIAS

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here are few things that can be said to be worse than the death of a family member. If the person's death was caused by somebody else's action or inaction, it may feel even worse, especially when the person's death could have been avoided. One way families in such situations can seek justice and closure is by filing a wrongful death claim. Is this something you should consider? Let's look at the details of this type of legal action. What is a Wrongful Death? Accidents take place, and in some instances, they turn out to be fatal. In an accident, there is usually no intention to kill a person. However, the law factors in more than intentions. Many accidents take place as a result of the negligent behavior of individuals, businesses, or corporations. For example, a defective vehicle can cause a fatal car accident, as can a drunk driver. In both of these cases, the bereaved can file a wrongful death claim.

A wrongful death claim can also be filed against an individual when there was an intention to kill. This means there will likely be a civil and criminal case against the defendant. Should You Consult an Attorney? It's tempting to go it alone; after all, the American legal system allows people to represent themselves in court. However, representing yourself when you don't have a legal background is an uphill battle that you can easily lose. Even when there is overwhelming evidence supporting your claim, it's important to

know how to present this evidence in a manner that convinces the court. Additionally, it's just as important to know how to handle evidence to avoid compromising it. Consulting with someone who has experience handling such cases is an easy step you can take to increase your odds of success. A wrongful death attorney can show you how to navigate the lawsuit, so you have a greater chance of succeeding. Do You Have a Case? The bereaved may feel a sense of injustice in the wake of their loved

one's death; however, this doesn't always mean that they have a case. It's important to know whether you have sufficient grounds to file a wrongful death suit before you commit significant resources to the case. An attorney can go through the details of your case and quickly tell you whether you have a strong case or not. In short, if you have a strong case and are willing to work with an attorney to file it, consider starting a wrongful death claim. An attorney can give you more personalized feedback on whether you have a solid claim or not, and their initial consultation is free. So, if you are trying to make this decision, get in touch with an attorney to proceed. Legal Assistance The lawyer you hire does make a difference. Knowledge, experience and compassion are important factors to consider. Call the Personal Injury Law Firm of Figeroux & Associates at 855-768-8845 or visit www.askthelawyer.us to schedule an appointment.p

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Legal Rights in an Elevator Accident Personal Injury Case

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ost people in the United States use elevators on a daily basis with little thought. Horror and suspense flicks do use elevators are backdrops for their plotlines. Nonetheless, beyond taking a look at the outrageous in Hollywood productions, most people give little thought to the fact that people are injured in elevator accidents each and every year. There are a number of commonplace types of elevator accidents that cause personal injuries and even death each year. As a consequence, people from all walks of life need to have a basic understanding of their legal rights in an elevator accident personal injury case. The typical elevator user takes four trips on lifts each day. There are about 325 million elevators rides daily. On average, an elevator carries over 20,000 people a year. All elevators combined on the planet carry the equivalent of the population of the planet every three days. The widespread use of elevators underscores the potential for accidents. There are three important topics

•Traumatic brain injury •Broken bones •Internal injuries •Burns •Cuts, abrasions, stab wounds •Mental anguish and emotional distress (including post-traumatic stress disorder, or PTSD) Typically, an individual in an elevator accident suffers multiple types of injuries. that require close consideration when discussion legal rights in an elevator accident personal injury case: •Common types of elevator accidents •Frequent elevator injuries •Compensation in an elevator accident personal injury case

frequency. These include: •Defective doors •Free falls •Unbalanced leveling •Speed malfunctions Each of these four types of more commonplace elevator accidents can result in a lift passenger sustaining serious injuries, or even fatal ones.

Common Types of Elevator Accidents Elevator accidents come in many forms. With that duly noted, there are some more common types of elevator accidents that occur in the United States with a higher degree of

Frequent Elevator Accident Injuries Injuries sustained in a lift incident depend on the facts and circumstances surrounding a particular elevator accident. There are a number of elevator accident injuries that occur with greater frequency:

Compensation in an Elevator Accident Personal Injury Case In the aftermath of a any type of personal injury, finding complete justice is an elusive task. Nonetheless, following an elevator accident, receiving appropriate compensation is a key element of obtaining justice. The compensation awarded in an elevator accident personal injury case depends on the facts and circumstances surrounding the accident itself and the nature and extent of injuries sustained by a victim of this type of grim mishap. There is an array of compensation that fairly frequently is awarded in an elevator continued on page 4

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SPONSORED INSERT: Personal Injury Elevator Accidents/ continued from page 3 accident claim or case: •Medical bills and expenses •Pain and suffering •Lost wages •Permanent disability •Permanent disfigurement •Mental anguish and emotional distress A person injured in an elevator accident is entitled not only to compensation for existing injuries, damages, and losses, but also for those that reasonably can be expected to be incurred in the future. For example, a person injured in an elevator accident is likely to need ongoing medical care and treatment for the foreseeable future. An individual hurt in an elevator accident may not be able to return to work any time soon. A person might suffer permanent disability as the result of a more catastrophic elevator accident. All of these represent the types of elevator accident injuries for which ongoing compensation may be necessary. In a small number of cases, the action or inaction of a party or parties responsible for an elevator accident may have been particular reckless. If such conduct is deemed especially egregious, an injured person may be

Bus Accidents/ continued from page 1

entitled to what are known as punitive damages in an elevator accident personal injury lawsuit. In the final analysis, a elevator accident personal injury case is a complicated legal matter. In addition, striving to obtain fair compensation for elevator accident personal injuries understandably can be emotionally charged. As a consequence, a person injured in an elevator accident is best served retaining the services of a skilled, experienced, tenacious personal injury attorney. In seeking legal assistance, a person injured in this type of situation is wise to identify legal counsel that has specific experience in protection the legal rights and interests of people hurt in an elevator accident. Legal Assistance Call the Personal Injury Law Firm of Figeroux & Associates at 855-7688845 or visit www.askthelawyer.us to schedule an appointment.p

accounts and statements collected as soon as the event happened are crucial. This can be achieved with a recorded video statement. Avoid time-lapse as memories fade quickly, and recollection becomes difficult. Call the police or ambulance: If you or the injury victim suffered an injury, an official record of the incident is essential. Official records from the police or ambulance attendant on your account of what happened must be accurately documented in a police report or ambulance report in case of a lawsuit f to recover damages. •Seeking medical help: When an accident occurs, the body's natural response causes the victim to feel solid and ready for a fight or flight. Adrenaline tends to run high after an accident, and it can sometimes mask the symptoms of an injury. However, injury victims start feeling pain hours or days after an accident. That's why it's always a good idea to go to a hospital emergency department or see a private doctor after an accident.

•Get legal assistance: In seeking legal assistance, a person injured in this type of situation is wise to identify legal counsel that has specific experience in protection the legal rights and interests of people hurt in a bus accident and public transportation. Call the Personal Injury Law Firm of Figeroux & Associates at 855768-8845 or visit www.askthelawyer.us to schedule an appointment.p

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